Mental Capacity Assessments

Available with Arken’s Will Writing Software, Comentis’ mental capacity assessment engine facilitates an objective, dignified mental assessment.

Enhance Your Due Diligence

The need for enhanced due diligence for legal professionals when assessing mental capacity has increased. Legal professionals need the ability to submit evidence that due diligence and processes were followed, if they are ever challenged at a later date.

The Comentis assessment follows the criteria for checking testamentary capacity as laid out in the ruling of Banks V Goodfellow (1870) and checks for the 4 key areas of understanding that the testator must satisfy.

The Benefits of Using Comentis


Manage your risk using a professional assessment developed by leaders in the field and be able to demonstrate that due diligence processes were followed if ever challenged

Consistency of Checking

Have peace of mind that all staff are following the same procedure. Also, it is really useful for more junior staff where they may be lacking the experience to provide a personal assessment


The unique clinically developed assessment provides a real-time screening and report of your client's testamentary capacity, enabling you to respond quickly and efficiently to any potential issues


The tool provides robust clinical evidence, should outcomes be challenged. The resulting report can be used as evidence to justify the actions taken at the time and can form part of the Larke V Nugus file, if required

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Real Time Assessments

Identify any capacity issues, at an early stage, to understand if the Will can be written.

  • Robust, time-stamped, clinical evidence of due diligence
  • Based on clinical and legal expertise of the assessment criteria required
  • Easy access through Arken’s Will Writing Software
  • Ensure your team follow a consistent process
  • Better support your clients
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About Comentis

Comentis provides a unique blend of clinical and technical knowledge to deliver a fully integrated assessment process. By building upon the knowledge and expertise of Tim Farmer and TSF Consultants, Comentis is able to place clinical skills and knowledge associated with assessment in the hands of the legal and Will-writing practitioner in a way that has not been possible before.

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How it Works

When in Arken’s Will Writing Software, you will be prompted both in the client manager and on starting a new document, whether you would like to perform a mental capacity check.

Follow the steps and carry out the assessment, then you will be presented with a rating on capacity and the ability to download the full, time-stamped report at any time. Depending on the outcome of the assessment, you can request a referral to TSF for a full mental capacity assessment.

Download Comentis Information Sheet


  • The ability to utilise digital capacity assessments is made simpler for legal professionals by being part of’s Will drafting software. The tech enables clients to easily build it into their best practice processes and provides an additional layer of protection for the client, as well as for their organisation as a whole.

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